4.  The applicant was born in 1966 and lives in Switzerland.
5.  In 1990 the applicant fled from Iran to Turkey to escape arrest by the Iranian authorities for assisting a member of the People's Mojahedin Organisation of Iran (“the PMOI”) to flee Iran.
6.  In early 1991 he crossed the border from Turkey to Iraq and joined the PMOI there. In Iraq the applicant lived in the Al-Ashraf camp, where PMOI members were accommodated. In 2003 or 2004 he left the PMOI, as he no longer agreed with its goals and methods. After his departure from the Al-Ashraf camp, he went to the Temporary Interview and Protection Facility (“the TIPF”), a camp created by the United States forces near Al‑Ashraf.
7.  On 12 September 2007 the applicant applied to the United Nations High Commissioner for Refugees (“the UNHCR”) in Iraq for refugee status. In April 2008, however, before he could be interviewed by the UNHCR and possibly granted refugee status, the TIPF was closed down and the applicant was transferred to Erbil in northern Iraq, along with other former PMOI members.
8.  In September 2008 the applicant fled from Iraq to Turkey, on account of the constant fear of being attacked or being sent back to Iran, coupled with the difficulties encountered in the extension of his residence permit in Iraq.
9.  On 14 September 2008 the applicant attempted to escape to Greece from Turkey by boat together with a friend, but they were stranded in the water for approximately eighteen hours when their inflatable boat capsized. On 15 September 2008 at approximately 11.00 a.m. they were rescued and arrested by Turkish coastguards. They were also examined by a doctor at the Güzelçamlı Health Clinic at 2.10 p.m. on the same day; no injuries or other abnormalities were identified. The applicant was later transferred to the Güzelçamlı gendarmerie station in Kuşadası, Aydın.
10.  The applicant was questioned at the gendarmerie station in the absence of a lawyer, where he informed the authorities of his political background and requested leave to stay in Turkey temporarily pending resettlement in a third country. According to a form explaining arrested persons' rights which the applicant had signed, he had been reminded of his right to remain silent and to appoint a lawyer. It appears that the applicant was not provided with an interpreter during the interview. He tried to communicate with the police with his limited knowledge of Turkish and with the assistance of his friend, who was of Azeri ethnic origin and spoke some Turkish.
11.  On the same day the applicant was subjected to an administrative sanction by the Kuşadası public prosecutor for attempting to leave Turkey illegally without a passport or other valid identification document, in contravention of Section 33 of the Passport Act (Law no. 5682). The applicant was fined 100 Turkish liras (TRY).
12.  The applicant was detained at the Güzelçamlı gendarmerie station until 26 September 2008, under allegedly deplorable conditions. More specifically, for the first three days of his detention he was detained in the basement of the gendarmerie station, which measured less than thirty square metres and accommodated over forty detainees and had no sanitary facilities, ventilation or bedding. The applicant alleges that the detainees were taken to the toilet four at a time and only every twenty-four to thirty hours, which forced them to relieve themselves in empty bottles and bags in each other's presence. When they were taken to the toilet, the guards kicked the toilet door and poured water from above the door on those who stayed longer than a few minutes. In the basement, there was not enough space for everyone to lie down even on the floor and some detainees shared lice-infested blankets. Moreover, meals were served only twice a day with dirty dishes and spoons, and no clean drinking water was provided. The applicant asserts that detainees were kept in that overcrowded, barely lit and barely ventilated basement at all times, except for the few minutes when they were taken to the toilet.
13.  After the first three days, the applicant was allegedly removed from the basement and taken to an upstairs holding cell, which he refers to as the “second-level basement” to repair the station's electrical wiring and equipment from early in the morning until late at night. The new cell measured eight square metres and held eleven other detainees. It had only one bunk bed, a toilet and sink, but no hot water or shower. The applicant states that he received no medical attention throughout his detention.
14.  During his detention at the gendarmerie station he was not allowed to contact anyone, including any lawyer. He was only able to make a brief unauthorised telephone call to his brother in the United States of America (“the USA”) to inform him of his situation. He arranged for a local lawyer to assist the applicant in applying for asylum. The applicant's brother also got in touch with the UNHCR Turkey Branch Office, which in turn contacted the Turkish authorities on 24 September 2008 to inform them of the applicant's wish to apply for asylum and to request the suspension of his deportation.
15.  On 26 September 2008 the local lawyer arranged by the applicant's brother managed to gain access to the applicant at the gendarmerie station and obtained written authorisation to represent him in the domestic asylum proceedings. The applicant claimed that he was interviewed for a second time by the police that day.
16.  The Government supplied information, photographs and video footage demonstrating the conditions at the relevant gendarmerie station. Their submissions indicated that the detention facilities where the applicant was kept were cleaned and maintained regularly, that the number of detainees never exceeded the holding capacity of the detention facilities and they were regularly taken out to the back yard of the gendarmerie station for fresh air, that meals were regularly supplied by the administration and any medical needs were met within twenty-four hours at the Güzelçamlı Health Clinic, that detainees had at their disposal toilets and showers which they were allowed to use without any limitations and the administration supplied them with basic personal hygiene products. Moreover, according to the documents submitted by the Government, the applicant was reminded of his legal rights upon his arrest and he was asked to inform the authorities if he wanted to contact anyone. The applicant however never asked to contact the outside world throughout his stay at the Güzelçamlı gendarmerie station, nor did anyone attempt to get in touch with him.
17.  On 26 September 2008 the applicant was handed over to police officers from the aliens department of the Aydın police headquarters with a view to his deportation. He was subsequently handcuffed and put in a bus with a number of Iraqi nationals and driven to the Iraqi border, which took twenty‑four hours. He was not allowed to contact his lawyer at this juncture.
18.  During the night of 27 September 2008 he was handed over to the Iraqi authorities at the Habur official border crossing. The authorities refused to admit him as he was not an Iraqi national.
19.  On 28 September 2008 the applicant was taken to the Silopi police headquarters in Şırnak and was informed that he would be deported to Iran. The applicant pleaded with them to stop the deportation, telling them that he would be executed if deported to Iran.
20.  At around 9.00 p.m. on the same day the applicant was taken to the river near the Habur official border crossing. The applicant alleged that he was forced to cross the fast-flowing river into Iraq illegally despite his protests. He further claimed that after he managed to enter Iraq covertly, he had first to cross the Zakhu border area, where he risked being shot at by border guards, and then mountainous terrain and a minefield before reaching the UNHCR office in Dohuk.
21.  On 1 January 2009 the applicant was granted refugee status under the UNHCR's mandate by the UNHCR office in Erbil, Iraq.
22.  On 10 September 2009 the applicant fled Iraq and arrived in Switzerland.